ILLINOIS POLLUTION CONTROL BOARD
January 23, 2003
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
API INDUSTRIES, INC., a Delaware
corporation,
Respondent.
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PCB 97-89
(Enforcement - Air)
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
On November 14, 1996, the Office of the Attorney General, on behalf of the People of
the State of Illinois (People), filed a complaint against API Industries, Inc. (API).
See
415 ILCS
5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that API operated and
constructed various equipment at the facility without a permit; exceeded volatile organic material
(VOM) emission limits; failed to test coatings, certify compliance, or maintain daily records; and
emitted fugitive particulate matter into traffic areas of the facility without first submitting an
operating program to the Illinois Environmental Protection Agency. The People further allege
that by doing so, API violated Sections 9(a) and 9(b) of the Environmental Protection Act (Act)
and various sections of the Board rules.
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415 ILCS 5/9(a) and (b) (2002). This proceeding
concerns API’s electroplating facility in Elk Grove Village, Cook County.
On December 9, 2002, the People and API filed a stipulation and proposed settlement,
accompanied by a request for relief from the hearing requirement of Section 31(c)(1) of the Act
(415 ILCS 5/31(c)(1) (2002)). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS
5/31(c)(2) (2002)).
See
35 Ill. Adm. Code 103.300(a). The Board provided notice of the
stipulation, proposed settlement, and request for relief. The newspaper notice was published in
the
Chicago Sun-Times
on December 13, 2002. The Board did not receive any requests for
hearing. The Board grants the parties’ request for relief from the hearing requirement.
See
415
ILCS 5/31(c)(2) (2002); 35 Ill. Adm. Code 103.300(b).
1
The People alleged API violated Section 201.142 for construction without a permit; Section
201.143 for operating a new emission source or new air pollution control equipment without a
permit; Section 218.204 for exceeding the maximum emissions limits for VOM; Section
218.105 for failing to test each of its coatings; Section 218.211(c)(1) for failure to certify
compliance with Section 218.204; Section 218.211(c)(2) for failure to maintain daily records;
and Section 212.309 for emitting fugitive particulate matter into traffic areas without an
operating program. 35 Ill. Adm. Code 201.142, 201.143, 218.204(j)(2), 218.105, 218.211(c)(1)
and (c)(2), and 212.309.
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Section 103.302 of the Board’s procedural rules sets forth the required contents of
stipulations and proposed settlements. 35 Ill. Adm. Code 103.302. These requirements include
stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of
API’s operations. Section 103.302 also requires that the parties stipulate to facts called for by
Section 33(c) of the Act (415 ILCS 5/33(c) (2002)). The People and API have satisfied Section
103.302. Under the proposed stipulation, API neither admits nor denies the alleged violations
and agrees to pay a civil penalty of $50,000. The Board accepts the stipulation and proposed
settlement.
This opinion constitutes the Board’s findings of fact and conclusions of law.
ORDER
1.
The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2.
API must pay a civil penalty of $50,000 no later than February 23, 2003, which is
the 30th day after the date of this order. API must pay the civil penalty by
certified check or money order, payable to the Environmental Protection Trust
Fund. The case number, case name, and API’s social security number or federal
employer identification number must be included on the certified check or money
order.
3.
API must send the certified check or money order to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2002)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2002)).
5.
API must cease and desist from the alleged violations.
IT IS SO ORDERED.
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2000);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
Board’s procedural rules provide that motions for the Board to reconsider or modify its final
3
orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on January 23, 2003, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
